2021 -- S 0043

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LC000294

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

     

     Introduced By: Senators DiPalma, Seveney, Murray, de la Cruz, and Pearson

     Date Introduced: January 19, 2021

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 42-11 of the General Laws entitled "Department of Administration"

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is hereby amended by adding thereto the following section:

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     42-11-2.10. Pilot for automatic verification of hours worked on computers.

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     (a) This section shall apply only to a contract by or on behalf of the department of human

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services and/or the department of administration for professional or technical services in excess of

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one million dollars ($1,000,000). Further, this section shall not apply to any contract entered into

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by the state of Rhode Island specifically for engineering and architectural services.

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     (b) By December 31, 2021, the contracting department shall pilot at least one contract, as

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defined by this section. Further the department of administration and/or the department of human

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services shall prepare an annual report to the senate finance committee; senate rules, government

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ethics and oversight committee; house finance committee and the house oversight committee by

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December 31, 2021. The report shall summarize the status of all contracts subject to this section.

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     (c) A contract subject to this section shall require a contractor to use automatic verification

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software or an equivalent method to verify that hours billed for work, under the contract that are

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performed on a computer, are legitimate.

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     (d) The contract(s), which includes the pilot, shall specify that the agency will not pay for

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hours worked on a computer unless those hours are verifiable by the automatic verification software

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or by data collected by the software. The automatic verification software shall do the following:

 

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     (1) Permit the agency or an auditor of the agency to have real-time or retroactive access to

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data collected or provided by the software;

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     (2) Automatically take a screenshot of or otherwise capture state-funded activity at least

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once every three (3) minutes, and make the screenshots available to the department or an auditor

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of the agency in real time;

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     (3) Provide to the department or an auditor of the agency automated real-time cost status

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of each task; and

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     (4) Must not capture any data that is private or confidential on individuals.

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     (e) The contractor shall store, or contract with another to store, data collected by the

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software for a period of seven (7) years, unless otherwise specified, after the department has

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remitted payment to the contractor for the work and in a secure manner approved by the department.

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Data collected by the software is government data. The contractor shall retrieve data on request by

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the department, in the format requested by the department, at any time during the seven (7) years,

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as needed to comply with requests for data at no charge to the department.

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     (f) The contractor must not charge the department for access to or use of the work

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verification software, or for access to or retrievals of data collected by the software.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION

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     This act would require the contracting department by or on behalf of the department of

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human services and/or the department of administration to pilot at least one contract, using

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automatic verification software to verify hours billed for work, under said contract, that are

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performed on a computer by December 31, 2021, for professional or technical services in excess

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of one million dollars ($1,000,000).

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     This act would take effect upon passage.

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